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NY L87354




September 8, 2005

CLA-2-62:RR:NC:N3:360 L87354

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.44.4010, 6211.43.0078

Melissa Fox
Barthco International, Inc.
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of women’s woven apparel from China

Dear Ms. Fox:

In your letter dated August 15, 2005, on behalf of Jones Apparel Group, you requested a classification ruling. The submitted samples will be returned as requested.

Style M559F8049B is a women’s dress made from 71% acetate and 29% polyester woven fabric. The sleeveless garment extends to the vicinity of the knees and features a round neckline and a rear zipper closure. The dress will be sold with the coordinating jacket described below.

Style M559F8049J is a women’s jacket-type garment constructed from two types of fabric. The jacket is made from 100% nylon woven fabric with a 100% acrylic knitted openwork fabric sewn over the jacket shell. The jacket is fully lined and extends below mid-thigh. The garment features long hemmed sleeves, a collar and lapel, pockets with flaps below the waist and a full front opening secured by three buttons. There is coordinating piping around the collar, pockets and rear-simulated belt.

This garment is a composite article composed of woven and knit components. Based on the weight and value information submitted, neither the knit nor the woven portion imparts the essential character to the garment. The General Rules of Interpretation for the Harmonized Tariff Schedules provide that, when no essential character can be determined, the goods are classified under the heading which occurs last in numerical order among those which equally consider merit. [GRI 3(c)]. As such, the garment is classifiable under the heading for jacket-like garments in Chapter 62.

The applicable subheading for style M559F8049B will be 6204.44.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s dresses of artificial fibers, other. The duty rate will be 16 percent ad valorem.

The applicable subheading for style M559F8049J will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of an-made fibers, jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16 percent ad valorem.

Style M559F8049B falls within textile category designation 636. Style M559F8049J falls within textile category designation 635. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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